CHAPTER 29 – LOCKSMITH LICENSING BOARD
Section .0100-GENERAL
21 NCAC 29 .0101Scope
The rules in this Section set forth the general operating policies and procedures of the North Carolina Locksmith Licensing Board.
History Note:Authority G.S.74F-5;
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.
21 NCAC 29 .0102Meetings
(a) The Board shall meet during January and August and at other times agreed upon by a majority of the Board.
(b) Notification of the time and place of all meetings shall be published on the North Carolina Locksmith Licensing Board website, not less than 15 days prior to the meeting.
History Note:Authority G.S. 74F-5(g);
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2017.
SECTION 0200 - EXAMINATION
21 NCAC 29 .0201EXAMINATION FEE
(a) The Board shall charge the examination fee as follows:
(1)Two hundred dollars ($200.00) for first time test takers;
(2)Fifty dollars ($50.00) for second time applicants who fail to pass pursuant to 21 NCAC 29 .0203; and
(3)Two hundred dollars ($200.00) for third and subsequent test takers.
(b) The applicant may take the examination at a commercial testing center that charges afee. However, the examination fee required in this Rule shall not be affected and the Board shall not be responsible for any additional fee assessed by the testing center.
History Note:Authority G.S. 74F-6; 74F-9;
Temporary Adoption Eff. October 17, 2002;
Eff. August 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016;
Amended Eff. June 1, 2017.
21 NCAC 29 .0202APPLICATION REQUIREMENTS
Applicants must register for an examination on the form prescribed by the Board. The application must be submitted to the Board's office at least 15 days before the requested examination date.
History Note:Authority G.S. 74F-6; 74F-7;
Temporary Adoption Eff. November 13, 2002;
Eff. August 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.
21 NCAC 29 .0203MINIMUM PASSING SCORE
The passing score for the Locksmith Licensing Examinationshall be 70 percent.
History Note:Authority G.S. 74F-6; 74F-7;
Temporary Adoption Eff. November 13, 2002;
Eff. August 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.
21 NCAC 29 .0204REQUIREMENTS OF EXAMINEES
(a) Applicants at an examination session shall present a photo ID to the examination proctor before the beginning of the examination session.
(b) The applicant shall not bring books, calculators, or other items that may compromise the exam, such as a study guide or objects that are disruptive into the examination room.
(c) Cellphones shall be turned off during the examination. Applicants shall not speak with others during the examination session.
(d) Applicants shall obey instructions from the proctor regarding when to begin and cease work on the examination.
(e) Applicants shall be excused from the room during the examination only with permission from the proctor.
(f) Failure to abide by any of the Paragraphs of this Rule shall result in invalidation of the applicant's examination results.
History Note:Authority G.S.74F-6; 74F-7;
Temporary Adoption Eff. November 13, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2017.
21 NCAC 29 .0205FAILURE TO ATTEND SCHEDULED EXAMINATION SESSION
Applicants who fail to appear for a scheduled examination session without prior notification to the Board shall forfeit their examination fee and shall submit a new examination fee pursuant to 21 NCAC 29 .0201(a)(1) for a different session. The Board shall waive the new examination fee upon the applicant's request if it finds that the applicant's failure to attend as scheduled was the result of a hardship or emergency.
History Note:Authority G.S. 74F-6; 74F-7;
Temporary Adoption Eff. November 13, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2017.
21 NCAC 29 .0206SPECIAL ADMINISTRATION
Applicants with disabilities as defined by the Americans with Disabilities Act of 1990 (ADA), which is hereby incorporated by reference, including subsequent amendments and editions, available at no cost at and documented by a licensed medical professional shall be administered the NC Locksmith Licensing Exam under conditions that shall minimize the effect of the disabilities on their performance. Special test administrations shall be as comparable as possible to a standard administration and shall be granted upon request of the applicant and Board approval.
History Note:Authority G.S. 74F-6; 74F-7;
Eff. November 1, 2007;
Readopted Eff. June 1, 2017.
SECTION .0300 – DEFINITIONS AND EXPLANATIONS (RESERVED)
21 NCAC 29 .0301RESERVED
SECTION .0400-LICENSING REQUIREMENTS
21 NCAC 29 .0401APPLICATION FORM
(a) All applications for licensure shall be submitted on the form found on the Board website for this purpose. The application shall request the applicant's name, address, and contact information.
(b) Applications shall be accompanied by the following:
(1)two frontal photos of the applicant's face, taken within the preceding three months;
(2)documentation that the applicant has submitted the applicant's fingerprints to the applicant's local law enforcement for submission of the fingerprints to be delivered by local law enforcement directly to the SBI or a copy of the applicant's fingerprints to the Board;
(3)a completed examination registration request containing the requested exam date;
(4) a written explanation of affirmative responses to questions on the application regarding criminal history and military service, if applicable;
(5)payment in full of all applicable fees;
(6)a copy of the applicant's legal resident documents, if the applicant is not a U.S. citizen;
(7)a copy of a Locksmith License from another state, if applicable;
(8)a copy of the applicant's military discharge document (DD-214 or equivalent), if the applicant has served in any branch of the armed forces;
(9)a notarized Authorization for Records Release form provided by the State Bureau of Investigation, and found in the Locksmith License application; and
(10)a copy of any national locksmith certifications, if applicable.
History Note:Authority G.S. 74F-6; 74F-18(b);
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2017.
21 NCAC 29 .0402ESTABLISHMENT OF MORAL AND ETHICAL CHARACTER
(a) Falsification or concealment of facts relating to employment, military service, criminal conviction, court-martial, or age shall be grounds for license denial, revocation, or suspension.
(b) Applicants with criminal histories from any jurisdiction shall be categorized according to the seriousness of the offense. The category shall be determined by the most serious offense.
(c) These categories are as follows:
(1)Category I. This Category consists of all Class A and B felonies.
(2)Category II. This Category consists of all felonies of Classes C-F.
(3)Category III. This Category consists of all felonies of Classes G or lesser, and all misdemeanors of Classes A1 and 1. Three or more Category III convictions (committed as separate incidents) shall be reclassified as a Category II offense.
(4)Category IV. This Category consists of misdemeanors of Classes 2 and 3. Three or more Category IV convictions (committed as separate incidents) shall be reclassified as a Category III offense.
(d) The Board shall determine if the conviction is related to the duties and responsibilities of a locksmith or bears on an applicant's fitness for licensure to practice locksmithing. In order to make this determination, the Board shall consider the following factors:
(1)The nature and seriousness of the crime;
(2)The relationship of the crime to the purposes for requiring a license as a locksmith;
(3)The extent to which a license might offer an opportunity to engage in further criminal activity of the same type; and
(4)The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a licensed locksmith.
(e) If the Board determines that the conviction does not relate to the duties and responsibilities of a locksmith, the Board shall process the application according to standard procedures.
(f) If the Board determines that the conviction relates to the duties and responsibilities of a locksmith, the Board shall evaluate the present fitness of the individual to provide locksmith services.
(g) The Board shall use the following guidelines in evaluating an individual's present fitness:
(1)An applicant with a Category I conviction may be ineligible for licensure, in accordance with the factors set forth in G.S. 74F-18(c). A licensed locksmith with a Category I conviction may be subject to revocation of license pursuant to G.S. 150B-3, as set forth in G.S. 74F-15.
(2)An applicant with a Category II conviction shall have at least 12 years since the applicant has completed all aspects of his or her sentence received as a result of the last Category II conviction to be eligible for licensure. A licensed locksmith convicted of a Category II offense may be subject to immediate license revocation, following administrative procedures pursuant to G.S. 150B-3.
(3)An applicant with a Category III conviction shall have at least seven years since the applicant has completed all aspects of his or her sentence received as a result of the last Category III conviction to be eligible for licensure. A licensed locksmith convicted of a Category III offense may be subject to immediate licenserevocation, following administrative procedures pursuant to G.S. 150B-3.
(4)An applicant with a Category IV conviction shall have at least three years since the applicant has completed all aspects of his or her sentence received as a result of the last Category IV conviction to be eligible for licensure. A licensed locksmith convicted of a Category IV offense may be subject to immediate licenserevocation, following administrative procedures pursuant to G.S. 150B-3.
(h) The Board shall consider the following factors in the application or submitted supplementary by the applicant in determining the present fitness of a person who has been convicted of a crime that relates to the duties and responsibilities of a locksmith:
(1)The age of the applicant at the time each crime was committed and the date of the application;
(2)The conduct and work history of the person before and after the criminal conviction;
(3)Evidence of the person's rehabilitation efforts and outcome, provided by the court and healthcare professionals;
(4)The extent and nature of the past criminal history;
(5)Two letters of recommendation from licensed locksmiths; and
(6)Other evidence of fitness, such as a psychological test, mental health status report or substance abuse assessment.
(i) If the person's criminal activity is related to chemical dependency, the Board shall also consider the person's efforts and success in achieving and maintaining recovery. Applicants with a self-reported history of chemical dependency shall demonstrate evidence of treatment or rehabilitation and a minimum of two years of sustained sobriety.
(j) An individual whose application is denied or whose license is suspended or revoked may request a hearing under the procedures established in of G.S. 150B, Article 3A.
History Note:Authority G.S. 74F-6; 74F-7; 74F-15; 74F-18;
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Readopted Eff. August 1, 2017.
21 NCAC 29 .0403COMPLETION OF EXAMINATION
An application for licensure shall not be considered by the Board until the results of the applicant's Board-administered examination are determined and available to the Board.
History Note:Authority G.S. 74F-6;74F-7;
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.
21 NCAC 29 .0404FEES
The license issuance fee shall be one hundred dollars ($100.00). The license issuance fee shall accompany the application for licensure. In the event the applicant is denied licensure, the fee shall be refunded.
History Note:Authority G.S. 74F-6; 74F-7; 74F-9;
Temporary Adoption Eff. October 17, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2017.
21 NCAC 29 .0405EXEMPTION FROM EXAMINATION
History Note:Authority G.S. 74F-6;
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Repealed Eff. April 1, 2012.
Section .0500-CODE OF ETHICS
21 NCAC 29 .0501OBLIGATION OF LICENSED LOCKSMITHS
By applying for and accepting a license issued by the Board, all licensees become obligated to comply with the provisions of this section. Failure to comply shall result in disciplinary action by the Board.
History Note:Authority G.S. 74F-6;
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.
21 NCAC 29 .0502FAIR BUSINESS PRACTICES
(a) Locksmiths shall conduct all business in compliance with all applicable local, State, and federal laws.
(b) Locksmiths shall analyze security problems and advance the best practicable solution for the protection of the client.
(c) Locksmiths shall refrain from associating themselves with or allowing the use of their name (personal or professional) by any enterprise that in any way supports fraud or misrepresentation.
(d) Locksmiths shall not misrepresent the features of any product or service they offer. Examples include the following:
(1)Representing to a client that non-restricted or widely available keys (whether stamped "Do Not Duplicate" or not) provide any measure of assurance against unauthorized duplication; or
(2)Selling a used product as new.
(e) Locksmiths shall avoid using any improper means of soliciting business. Examples of prohibited practices include:
(1)Affixing stickers to permanent fixtures such as doors or door frames or in any way defacing the property of any person without his or her express written consent.
(2)Installing stickers or any other promotions in such fashion that they falsely represent that the locksmith or company has previously serviced the hardware in that location.
(3)Installing or supplying hardware that curtails the customer's ability to choose a different company or technician for product support or service, unless the locksmith obtains the customer's express written consent.
(4)Modifying the customer's hardware in any fashion that will curtail the customer's ability to choose a different company or technician for later product support or service or cause him or her to incur additional expense by doing so, unless the locksmith obtains the customer's express written consent.
(5)Direct solicitation in violation of a non-compete agreement, such as an employee offering competing bids to customers of his or her employer.
(6)Using a name in advertising that is similar enough to a competitor's name to cause confusion among consumers.
History Note:Authority G.S. 74F-6;
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2017.
21 NCAC 29 .0503PROTECTION OF THE PUBLIC INTEREST
(a) Locksmiths shall refrain from allowing their specialized skills, knowledge, or access to tools and information to be used in a manner that puts the safety and security of the public at risk.
(b) Locksmiths shall reserve the right to refuse service when intent and ownership cannot be verified and shall notify law enforcement within a jurisdiction when a locksmith suspects criminal intent.
(c) Locksmiths shall not deliberately breach a restricted key system.
(d) Locksmiths shall record the identity of the customer for all service calls in which the locksmith opens a vehicle, building, room, or secured container, originates a key, or in any other fashion provides the customer with access to any such property.
(e) Locksmiths shall endeavor to install all locking devices in compliance with the International Building Code, which is incorporated by reference, including subsequent amendments and editions, available at no cost at National Fire Protection Association (NFPA) codes, which are incorporated by reference, including subsequent amendments and editions, available at no cost at the Americans with Disabilities Act; and any local codes or ordinances that regulate architectural hardware. Locksmiths shall not install a locking device that produces a threat to life or safety. If such a (pre-existing) condition is encountered, the locksmith shall inform the client and may recommend appropriate remedial action.
(f) Locksmiths shall refuse to provide service when there is an unresolved dispute of ownership or authority. Only instructions from a uniformed law enforcement officer or a court order shall be accepted as resolution of any such dispute.
(g) Locksmiths shall not interfere with the maintenance of a known master key system. When master keyed cylinders are encountered, the key presented without its corresponding master key shall be presumed to be a subordinate key until otherwise determined. The locksmith shall attempt to determine the holder of the master key and seek authorization for cylinder changes or key origination before the service is performed.
(h) Locksmiths shall keep key bitting arrays, file keys, and all client information confidential. Locksmiths shall not release any information or security device, such as a master key or safe combination, to any person without verifying with the owner that the recipient is entitled to receive it.
History Note:Authority G.S. 74F-6;
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Amended Eff. April 1, 2012;
Readopted Eff. June 1, 2017.
21 NCAC 29 .0504TECHNICAL INTEGRITY
(a) Locksmiths shall service and install security devices at the highest level of security afforded by the manufacturer of the product.
(b) Locksmiths shall inform clients of the dangers of introducing new keys into a master keyed system without reference to the original bitting array. Locksmiths shall not introduce random keys into a master keyed system without obtaining the signature of the client on a written warning notice of the compromised system.
(c) Locksmiths shall inform clients of the dangers in keying a mechanical lock to operate on several keys in a fashion that requires multiple chambers to be left empty or stacked with more than two master wafers in any chamber (maison keying). Locksmiths shall not key mechanical lock cylinders in this fashion without obtaining the signature of the client on a written warning notice of the compromised system.
(d) Locksmiths shall follow industry and manufacturer standards and insure random and complete recombination of cylinders and combination locks for optimal security maintenance. Examples include the following:
(1)The repeated use of a standard key or combination for multiple customers or job sites.
(2)Filing the plug on a mechanical lock cylinder as a means to enlarge the shear line.
(3)Leaving multiple chambers of a mechanical lock empty without written notice required by Paragraph (b) of this Rule.
(e) Locksmiths shall follow manufacturer recommendations for the proper installation of locking devices and shall not omit or disable any security feature, such as a safe relocking assembly or deadlatch, to the detriment of the client's safety and security.
History Note:Authority G.S. 74F-6;
Temporary Adoption Eff. August 13, 2002;
Eff. August 1, 2004;
Readopted Eff. June 1, 2017.
SECTION .0600 - ADMINISTRATIVE LAW PROCEDURES
21 ncac 29 .0601PETITIONS FOR ADOPTION, AMENDMENT OR REPEAL OF RULES
(a) Any person may petition the Board under G.S. 150B-20 to adopt a new rule or to amend or repeal an existing rule by sending a written petition for rulemaking to the Chair at the Board's address, PO Box 10972, Raleigh, NC 27605. The petition shall be entitled "Petition for Rulemaking" and shall include the following information:
(1)the name and address of the person submitting the petition;